업무상 위력 간음죄와 권력형 성폭력

This essay aims to review the current issue of sex crime by abuse of occupational authority, the former governor’s sex crime case of 2018 and its verdict of not-guilty by Seoul district court. Article 303 of the Korean Criminal Code punishes a person, by means of the threat of authority, has sexual intercourse with another who is under his/her supervision for his/her business, employment and other relations. Both academics and court rulings have provided interpretation on the basic concept and elements of such crimes, but have not been successful either in providing clear guidance or in providing protection on victims. Whether there has been any authority or any exercise of such authority in violating sexual autonomy of the victim has been on issue, but a series of bills in 2018 for amending the Article 303 may not enough to make any substantial changes in practice. Thus, demand of new sexual offence legislation based on consent is at issue in Korean society. Sex within authority relations must be sanctioned, but change in law to require explicit consent before sexual contact may not change any practice or culture for protecting victims and preventing sexual violence. In addition, there a necessity of considering criminalization of sex within authority relations as sexual corruption, which is sexual conduct in the absence of coercion by the offender, but corruption, abusing of office.